tv The Journal Editorial Report FOX News February 16, 2014 12:00pm-12:31pm PST
website. openfutureinstitute.org. have a great week. make us disappear and we'll see you next fox news sunday. this week on the journal, editorial report. president obama rewrites the affordable care act once again. what's behind the latest delay and what does it signal about the future of the law. plus, kentucky senator rand paul with a warning for fellow republicans. it is a red state of texas at risk of turning blue. and the big apple's new mayor wasting no time hammering home his progressive agenda. will charter schools be the first to fall? welcome to the journal editorial report. i'm paul gigot. another big delay for president
obama's affordable care act with the white house announcing this week that it has decided to waive the laws employer mandate giving yet another year giving businesses with 50 to 99 full time workers until 2016 to provide health insurance coverage. what's behind the move? and what does it mean for the future of obamacare? let's ask "wall street journal" editorial board member, columnist and deputy editor, dan henninger and assistant editor james freeman. so joe, a big delay again. now it is two years from what the law had originally said where you had to provide health insurance. so what is behind us? is it economics or politics or both? >> i think it is a little of both. i think they want an alibi. we're having this furious debate about how the affordable care act affects decisions to work, decisions to staff full time or part time and liberals are saying, there's no effect whatsoever. employers are saying there's a lot of damage in the real world.
and the administration's actions are showing that the employers i think are right. >> that there is economic harm. so let's put off the employer mandate for two years. are employers really going to change the behavior if they know that they'll have to provide health insurance in another year. >> i don't think it mitigates the damage to a great degree. and that's why it speaks to politics. i think again, they're for an alibi. the other thing going on here is you're only supposed to qualify for obamacare subsidies if you don't have coverage from your employer biffle releasing these medium size businesses from the mandate and saying to larger businesses you only have to cover three quarters of the work force instead of the 100% mandated by the law, they can cram more people on to those. the economics of the obamacare exchanges work overtime. >> so this is related to the
problems that the exchanges are having because they don't have enough young and healthy people. so they hope, are you saying, will get more of those young and healthy people into the exchanges? >> that's right. the enrollment figures the administration released this week sbhoed 3 million sign-ups so far. how many of those are real sign-ups and duplications or people who haven't paid yet remains to be seen. but the demographics of the exchanges, they need to be 40% younger and healthier people. what we're seeing is only about 25% in that group. >> wow! what about the legality of this. >> yeah, right. >> a small detail. a lot of people including us argue that if you look at the statute, there is no, it doesn't say, impose it in 2016. not after the end of 2013. >> it is not in there. you can study all those words in obamacare and not final those words. you can't find the legal
authority for this and it is not just us. even democrats in congress starting to ask the white house, can you really rewrite this whole thing without coming back to congress? the logic from the treasury since the mandates in obamacare, john robertson' 2011 supreme court decision, these are now considered taxes so the argument comes from the treasury department saying they have the statutory authority to mitigate the transitional effects of a new law when it imposes a big burden on taxpayers. this is wonderful that the obama administration is finally admitting that obamacare is big a burden on taxpayers but claiming that in 2015, it is a new law when it was enacted in 2010 is really a reach. and i think you'll see more democrats have a hard time backing this kind of argument. even assuming their legal reasoning is sound. the idea that five years later they can call it a new law and they're basically saying that
can go on past 2015. >> the last thing the administration wants to do is go back and ask congress to revisit the bill, change a little bit. they know they won't just settle for a little bit. it will be a wholesale rewrite that the house republican there's insist on so they want to do this unilaterally by themselves. are they going to get away with it? >> i don't think so. i mean, consider the way we're talking about this. they have turned this obamacare exercise into something that sounds like enlistments for world war ii. you show up at the enlistment office. you look healthy. you'll find out where we're going once we arrive. really. and this is really having i think a really bad effect on the reputation of the administration, its competence and credibility. the president's credibility. that's not going to go away by november of this year when you have those mid-term elections. this is put the democrats in a very, very tough spot and i
don't think these decisions like we're taking this week by the administration is going to do very much to help that at all. >> is there going to be, is there any legal remedy? you're talking about the electoral remedy which is political accountability in november. is there something legally, can anybody sue? can anybody have any other objection that would stop it? >> i don't think so. it is a bit of a dilemma because employers can't say that they're being damaged at this point because they're not being damaged. they aren't really participating yet and i don't think congress has standing to sue in this instance either. so it has become a fire and forget law with the administration sitting on top of the missile trying to guide it before it blows them up. >> joe, one other bit of news. the exchanges, another 1.1 million new enrollees and hailing this as a big advance. what do you make of the number?
>> every enrollment, every bit of data they've announced they've hailed as great news. i don't see this as really great news. as i was mentioning before about either four of five or three of four enroerlments aren't really real. that's what they are saying. they're not paying or they're duplicates, errors created by the exchange system. this is really a state by state exercise. and some of these states are doing really bad. >> we'll keep watching this. we have a long way to go in this law. when we come back, gop senator rand paul with a warning for fellow republicans. diversify or see the red state of texas turn blue. try dulcolax laxative tablets. dulcolax is comfort-coated for gentle, over-night relief. dulcolax. predictable over-night relief you can count on.
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could soon turn blue. texas will be a democratic state within ten years if you don't change, paul predicted. adding, quote, that doesn't mean we give up on what we believe in but it means we have to be a more welcoming party. we have to welcome people of all races. we need to welcome people of all classes. we need a more diverse party. we need a party that looks like america. jason, is rand paul right? >> well, in terms of texas, i'm not sure. romney won texas by 16 points which is more than mccain won it by in every statewide office there is republican. so i don't know that texas is in trouble any time soon. but his broader point, i think he is spot on. republicans improved their share of the vote in 2008 and 2012 among men, whites and voters.
he even won the independent vote. it isn't turning out more of the base. it is expanding the appeal of the party. >> let's give a sense of the demographic change. in 1992, for example, i think we have the date. a 87% of the electorate was white. by 2012, that had gone down to, i think it is, 72%. now in texas it was not quite as big a drop but it was 73%. in 2008 it was down to 63%. or so you're seeing the magnitudes of that dem fwrafk change. there are some people in the republican party who say we don't need to worry about getting the hispanic vote, for example. we can get a bigger share of the white vote. is that possible? >> well, like i said, the republicans have been improving their number among their base. the base voters. and romney did that. and they still lost the election. and i think the demographic trends can't be ignored. hispanics were about 17% of the
population projected to be 30% by 2050. the university of california is the largest university system in the country. one out of four students there is hispanic. i don't think the party can continue to ignore those trends. it doesn't mean you need to go and appeal to them using the sort of identity politics that the left does. appealing to his hispanics for women as women. appeal to them as americans but do make the appeal. >> if republicans don't appeal to the voter blocs, it makes it easier for the democrats to make racial appeals to try to divide the electorate on racial grounds as i think eric holder does, for example, on 54th i.d. >> absolutely. and i think it is true romney did leave a lot of white working class votes on the table last time. i would say that had a lot to do with mitt romney. it shouldn't be an either/or. you go after the white class or you go after immigrants and
minorities. it should be both. and i think the message if they focus on job creation on, values, those are issues unlike immigration that can bring that coalition together. a lot of these immigrant groups, small business, they should be natural republican voters. >> let's say we get another data point to look at, dan. for example, in 2004 republicans got more than 40% of the hispanic vote and the asian vote. by 2012, it had fallen into the upper 20s. those are killer numbers. >> yeah. they sure are. and probably the hispanic vote is the result of the immigration issue and the republicans. the idea being they cannot do immigration reform. i have to tell you, i think at this point, this immigration issue has become a bit of a red herring. the number of mexicans coming into the united states is receding at the moment. partly because of the post recession economy in the united states but more importantly, because mexico is about to
undergo a huge economic boom related to its liberalization of its energy laws. what fractioning did to the united states is about to do even bigger in mexico. a lot of those mexicans will go back to mexico. i think this immigration issue has become kind of a proxy for disaffection about, what's happening in the american culture and a lot of conservatives are trying to argue, unless you are with us on opposing the immigration bill, you're not with us on traditional american values. and this is how it translates into the idea that white people represent those values. long term, paul, i do not see how a major party in this country can sustain itself with that argument. >> if you want to be a majority party by definition, you should appeal to all groups in the country. to what extent has immigration become a threshold issue? i know hispanic voters and ethnic voters, they're not one issue voters. is immigration one of those issues, if you're opposed to
immigration. then you really, you're sending a signal that you don't want people like me. >> that seems to be the debate in washington and in congress. if you look at poll after poll after poll, a majority of americans are pretty sympathetic toward not only immigrants but even illegal immigrants. fox news put out a poll that showed 69% of people favored a solution that had a path to citizenship for people already here providing they pass certain tests. >> you're making my point. >> is it a threshold issue? >> the anti-immigrant folks have done a much better job. or on talk radio, for instance, have done a much better job of persuading people in congress that it is a threshold issue than they have in persuading the american public. >> when i say threshold issue, i don't mean for conservatives. i mean reaching out to, for example, the asian-american vote. if you appear as a republican party to be on post immigration, they won't listen to you on any other issues. that's what i mean.
>> there is some of that. the polls also show that people care about things other than immigration. they gary the economy and i think to james' point, if the gop focuses on that, they will also be able to bring in these folks. you don't need to make specifically ethnically based appeals. >> when we come back, the great progressive experiment is underway in the big apple with newly elected mayor bill de blasio wasting no time pushing through his liberal agenda. can new york city's chart he schools survive his political assault? uit chews. they work fast on heartburn and taste awesome. these are good. told ya! i'm feeling better already. [ male announcer ] new alka seltzer fruits chews. enjoy the relief!
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seem to be an economic assault on charter schools which now teach some 70,000 of the children. so charter schools just so, our audience knows is basically public schools that are freed from the traditional work rules and union collective bargaining agreements so they can hire and fire at will. no teacher tenure, that sort of thing. 1.1 million students in new york, 70,000 charter schools. some of them very successful. what is bill de blasio trying to do and why? >> he wants to shut them down. and basically he wants to do that by making it more expensive for them to teach. >> and he's doing that by what? >> he wants to charge them rent. to share spaces with public schools. >> and in a particularly interesting way, right? he wants to charge them for a progressive -- >> based on their ability to pay. the more well endowed schools, the month successful schools can
raise more money will be charged based upon how much money they have. >> a lot of these schools go out and they raise money from philanthropists to try to raise money for the classroom. if they are successful in raising money, he is going to charge them more reynold? >> it is basically a tax on success, right. >> and he is also against co-location which means if there is some room in a traditional public school, the charter can come in and say we'll take half the building or third of the building and he wants to make that more difficult. >> he says this will make kills in the public schools right next door feel inferior. that's a total fallacy because public schools under state law are required to spend money to renovate if a chart he school spends money so they have to match the money. >> what's the evidence? the educational evidence on the success of charters versus traditional schools? do they work better? >> well, a number of studies have been done. in particular in new york city.
the standards study has found that students in charter schools gain five months education in math, in learning, per year of being in a charter school. per year. what about in reading? >> one month. still, that's substantial. >> over eight years or 12 years? that makes a huge difference. so politically, is this a free ride for de blasio? can he do this and everybody will say so what? these are 70,000 kids in harlem and other poor neighborhoods mostly. most of them minority. most of them parents love these schools. >> the hope is that there is a critical mass of people with a vested interest in keeping the schools over, the students themselves, the graduates of the school, the parents. you're not even talking about the tens of thousands on wait lists to get into the schools in addition to those who attend
them. and because space is such a premium in new york city, he can make this co-location argument. what is really insidious is that he is claiming as alicia hinted at, it is the inferiority of the schools that is his problem with them. we all know as you described in your, when you describe how charter schools work, de blasio's problem is that the schools do work. not that they don't work. and because they do work, it makes them a threat to traditional public schools. he has a political interest in keeping union control of those schools because unions help support democrats including bill de blasio. for de blasio, this is about the adults that run the school system. it is not about the kids. these kids are not only doing better in terms of student outcomes and test scores, college attendants, they're safer school, down the line. on academic grounds, there is no contest. these kids are better off than their peers in traditional public schools. >> president obama and educational secretary arnie duncan have both spoken in favor
of charter schools. have they spoken up at all about new york? >> no. they basically have been silent. essentially, if you look at what's been going on in louisiana, they say that this is a civil rights issue of the time but at the same time -- >> they're not letting that, they're not supporting that when you need it. we have to take one more break. when we come back. hits and misses of the week. [ male announcer ] when your favorite food starts a fight, fight back fast with tums. eartburn relief that neutralizes acid on contact and goes to work in seconds. ♪ tum, tum tum tum tums! but we're not staying in the kitchen. just start the slow cooker, add meat and pour in campbell's slow oker sauce. by the time you get home, dinner is practically done. and absolutely delicious. everne is cooking wiew campbell's slow cooker sauces. as he gets dressed... you know the shirt he'll choo... the wine he'll order.
time for hits and misses of time for hits and misses. >> attorney general eric holder wants states that block people from voting after leaving prison. he says these are racist and discriminatory. i think his real point is that after they leave prison are likely to vote democratic. i wish the attorney general was as sympathetic about law-abiding minorities who want to use school voucher programs that he
is trying to shut down. >> in louisiana, for example. >> this week in the california desert, one of the world's largest solar farms opened. the problem is that the process general rates heat waves approaching 1,000 degrees. birds are flying in and being incinerated. the green lobby is complaining so a hit to the solar plant. not only is it exposing viralalist contradictions but it is also an important lesson about how we organize our lives. we can't do it to protect the birds. >> before saturday night live, there was the comedian sid caesar who died this week and was really the godfather of the golden age of american comedy. he was so funny. but his comedy was good clean fun. a few years aeg reflected on the fact that to be funny today, comedians thought they had to be totally gross. and as em, they have a completely different look at
reality. >> thanks to my panel and all for watching. hope to see you right here next week. new accusations president obama is traveling all over your constitution aal rights and no y to stop him. republicans today talking about claim that president obama is abusing the powers of his office, changing the rule fooba by day without the approval of congress. national correspondent steve in washington with more. >> this latest firestorm was ignited when president obama as you know st